Page images
PDF
EPUB

The assertions of natural right embodied in these several Declarations were familiar to the public mind of Massachusetts at that period. The Declaration of Independence of 1776, issuing from a committee of which Mr. Adams was a member, followed in a few weeks the Declaration of Virginia referred to above; while that of Pennsylvania soon succeeded. The same familiar principles are afterwards found embodied in the report of the committee of a Convention which met at Ipswich, in this State, in May, 1778, in which the defects of a Constitution recently rejected by the people of Massachusetts were ably exposed.—a report said to have been drawn up by Theophilus Parsons, a legal luminary just then rising into notice. "All men," he says, "are born equally free; the rights they possess at their births are equal, and of the same kind. Some of those rights are alienable, and may be parted with for an equivalent. Others are unalienable and inherent, and of that importance that no equivalent can be received in exchange," &c. (See Essex Result, pp. 12, 13.)

Judge Lowell's sympathies were undoubtedly in favor of the freedom of the colored race. In answer to Dr. Belknap's inquiries, in 1795, relating to slavery in Massachusetts, Judge Sullivan, under date of April 9th, writes: "The first causes brought by negroes against their masters were conducted by Judge Lowell, who can give you an account of that business." (MS. letter.) These well-known views and benevolent exertious of Judge Lowell had no doubt left their impression on the minds of his family.

Judge Sullivan does not say whether these causes were brought be fore or after the adoption of the Constitution. That Dr. Belknap did consult Judge Lowell on the occasion referred to is probable. No letter of his exists, among others now extant, written in answer to Dr. Belknap's inquiries; but Judge Lowell's name is placed in the margin of the original manuscript of Dr. Belknap's reply to Judge Tucker (as are other names for a similar purpose) as authority for a statement relating to trials for freedom before the judicial courts, prior to the Revolution, - a statement incorporated with others relating to the same subject into one paragraph, as printed on pages 202-203 of Vol. IV. Mass. Hist. Coll.

The form used by Mr. Jefferson, in the Declaration of Independence, is more simple, but equally expressive: "All men are created equal." The doctrine taught in these several forms of expression was, as I have said, familiar to the fathers of the Revolutionary era; indeed, it their in the phrase "protecting their property." I will add, though all this has no immediate connection with the purpose of this communication, that in the text of the printed Report of the Committee the first clause of the Declaration reads, “All men are born equally free and independent"; but in a table of Errata on the last page it is corrected to read, "All men are born free and equal." This correction should not be regarded as an amendment made by the Convention; yet in reprinting this report in 1832, the Committee of the Legisla ture disregarded the whole of the Errata, which contained other corrections, more particularly in the last clause of the preamble; and the reader of that volume would necessarily conclude that the changes suggested by the Errata formed part of the amendments by the Convention. See Proceedings of this Society for November, 1860, pp. 88-92.

can be traced to a much earlier period. Not to refer to Locke and Sidney, I may mention that Sir Robert Filmer, who doubted its soundness in his "Patriarcha," published in 1680, traces it to Bellarmine, who was born in Tuscany in 1542. On page 11 of that volume, Filmer quotes that writer, in maintaining the natural liberty of the people," as saying that it is evident from scripture that God hath given or ordained power; but God hath given it to no particular person, because by nature all men are equal; therefore he hath given power to the people or multitude."*

Whatever may have been the significance of the first clause of the article under consideration to the minds of Mr. Mason and Mr. Adams, it is interesting to notice how widely different has been its interpretation in the States represented by these eminently patriotic citizens. In 1783 it was held by the Supreme Judicial Court of Massachusetts that the clause in question abolished slavery within this State. The first section in the Virginia Declaration of Rights, which is a part of her Constitution, stands to day, I believe, substantially as it came from the hands of George Mason. †

Slavery was abolished in Massachusetts by force of public opinion manifesting itself through her judicial courts. It was provisionally abolished in Virginia and her sister slave-states more than three-quarters of a century later, only by force of the public opinion of the nation, expressed through the supreme magistrate as the commander-in-chief of the army, during the rebellion of the States in which it existed; and consummated by an amendment of the Constitution of the United States.

The President then said :

I will only detain the Society further while I say to them, in a single word, that, the health of one of my family rendering a voyage to Europe important, I am to embark early in May, and shall be absent from home and from our meetings for six or seven months. I hope to be here again in season for our November meeting; but accidents of life and health may detain me still longer. Should I find myself prevented from returning beyond the limit of a reasonable indulgence, my resignation will always be within the reach of our Secretary. Meantime, if, during my absence, I can render any service to the Society, or to any of its members, in the way of historical inquiry, it will always afford me the greatest pleasure to do so.

*See also Professor Washburn's "Origin and Sources of the Bill of Rights" of Massachusetts, in Proceedings for June, 1865.

"The state of New Hampshire established their constitution in 1783; and in the first article of the Declaration of Rights it is asserted that all men are born equally free and independent.' The construction there put on this clause is that all who have been born since the constitution are free, but that those who were in slavery before are not liberated by it. By reason of this construction (which, by the way, I do not intend to vindicate), the blacks in that state are in the late census distinguished into free and slaves, there being no Indians residing within those limits." (Dr. Belknap to Judge Tucker in 1795, in 1 Mass. Hist. Coll. IV. 204.)

MAY MEETING, 1874.

A stated monthly meeting was held on Thursday, May 14th, at eleven o'clock A.M.; Vice-President Adams in the chair. The Recording Secretary read his record of the two preceding meetings.

The Librarian read his monthly list of donors to the Library for the past month.

The Cabinet-keeper reported gifts from Mr. W. P. Lunt: of a printed broadside, being President Washington's "Message on the Treaty Papers," dated March 30, 1796; also an engraved copy of Stuart's portrait of Washington, by W. L. Ormsby.

The Council reported a request that the Society should decide by vote whether the stated monthly meetings of the Society should be dispensed with during the summer months. Whereupon it was

Voted, To dispense with the meetings of the Society for the mouths of July and August, unless for any special reason they should be summoned by order of the acting President.

The Recording Secretary offered the following vote, which was unanimously adopted :

Whereas the President of this Society, the Honorable Robert C. Winthrop, has recently sailed for Europe, intending to be absent some months, therefore Resolved, That Mr. Winthrop be authorized and requested to represent the Society on any fitting occasion that may occur during his absence abroad, and that he be empowered to negotiate for the Society any exchange of publications with foreign societies, and to act for its interest in any way that he shall find expedient during his absence.

The Honorable William Gray was elected a Resident Member.

Dr. PAIGE read and presented the following letter from the Reverend Samuel Danforth to his brother Thomas Danforth, dated March 30, 1670:

Addressed:

For the Honoured Mr. Tho. Danforth at Cambridge these.

HONOURED & DEAR BROTHER, I received your loving return to my message yesterday by Sam: Indian and rested better satisfied in your candid answer then if you had sent mee what I desired; but your superabundant care & respect this morning occasions no small exercise to my spirit. For not to receive the kindnes of a friend may be interpreted an vnkindnes: and yet to receive such a kindnes as

will be ten times more damage to y donour, then advantage to yo receiver, would argue little prudence. At present I have little need or vse of a horse, I may well go on foot or borrow of my neighbors, as oft as I have heart or leysure to go abroad, and indeed I should not have sent to you vntill y° hot weather had come in, had I not thought I should have gratified you thereby, by taking off a little part of your great burden in providing for your Cattell in so scarce a time. And indeed both Deacon Park & some others have offered to lend mee a horse all summer for my vse, I providing pasture. Onely I was willing rather to be holding to yourself then to them. I know it is a busy time of y year & you have more need of a beast at hand for service (in regard of your Care of y Colledge) then ten other men. These & such like considerations force mee, contrary to y ordinary rules of friendship, to offer violence to my self in sending back your mare, and to entreat your excuse & pardon in that behalfe. The truth is, matters are so circumstanced that a man can hardly come into any company & enter into any discourse, but before he is aware he finds himself in y° like fan and sieve, as that wherein Satan winnowed Peter in y° high priest Hall. In so much that many times I am glad of any fair excuse for my abode at home. Dear brother, interpret all things well from him that meaneth well, my wife comands her love & service to yourself & my dear sister with many thanks for former and late kindnesses & ptic her loving token yesterday. Forget vs not in your dayly prayers. S' I remain Your affectionate Bro.

This 31, 1 (70).

S. DANFORTH.

Mr. SIBLEY read an interesting letter from Governor Pownall, a copy of which will soon be furnished for the Proceedings. Dr. GREEN read the following letter from Thomas H. Benton to Amos Kendall:

ST. LOUIS, August 24, 1828.

DEAR SIR,Recurring to the fact which late developments brought to my knowledge, that you were willing to have left Kentucky a few years ago for an adequate support at Washington, it has occurred to me to propose to you, if nothing better presents itself, that you should turn your thoughts to this place. It is a town of 7,000 or 8,000 souls, rapidly increasing in wealth and population, as the building of an hundred houses this summer will testify, and destined to take rank second to New Orleans in the valley of the Mississippi. There is but one press here, and that, a mere mud-machine, belongs to the other side, and is despised even by them; yet the owners of it live in fine brick houses, built upon their labors. You may ask, Why have others failed? I answer, Upon the same principle that a sieve cannot hold water. The inducements to come here would be, first, to make money, which I am sure that an imperial sheet, twice a week for the town, once a week for the country, conducted as you could, it would infallibly do;

secondly, to maintain the ascendency of the political principles which you espouse, and which are all triumphant in this State and Illinois. I have no hesitation in saying that St. Louis presents the best point, in my opinion, for a talented editor that is to be found in the United States. But it is not necessary to pursue the subject further, before it is known whether nothing better (and I am sure that all our political friends would agree that you deserve better) presents itself, and whether you would consent to leave Kentucky. I think I could say you would have a clear stage here: three-fourths of the population would receive you joyfully, and the remainder would chiefly join in. I can vouch, with a knowledge of what I say, that the mass of the administration party in this town would support your press. Please to write to me. Yours truly,

THOMAS H. BENTON.

Mr. ADAMS reported upon a number of letters of John Adams to Professor John Winthrop of Harvard College, written from Philadelphia in 1775 and 1776, which had been referred to him at a preceding meeting. The letters, he ascertained, had, with one exception, never been printed. He read portions of them to the meeting. On the back of the letters Professor Winthrop had preserved copies of his own replies. The originals of these, Mr. Adams said, were among the papers of John Adams, and could be used to supply some defects in the copies. The whole correspondence he regarded as valuable; and the letters were referred to the committee on a volume of " Revolutionary Papers," of which Mr. Adams is chairman.

The Recording Secretary, Mr. DEANE, called attention to a printed paper, received some weeks since, addressed to "The Board of Regents of the Massachusetts Historical Society," postmarked "Middelburg, 29 Jan. '74." It was in the Dutch language, and proved to be a communication to the Zealand Academy of Arts and Sciences at Middelburg, in December last, by its Librarian. The following translation of the paper was read by the Secretary:

trans

Two interesting copies of "The Holy Bible, lated into the Indian Language [by John Eliot]. Cambridge (Old Testament, 1663; New Testament, 1661). ” †

This translation has been made for me by Mr. George Dexter, of Cambridge.-C. D.

† See p. 269 of the catalogue of the library of the Zealand Academy, where we find :

No. 1986. The Old Testament, with Psalms, in the American Indian language. 4to, full mor. gilt.

No. 1987. The Holy Bible, transl. in the Indian language, - Mamusse wunneetupanatamwe up Biblum God nasees we Nukkone Testament kah wonk wusku Testament. John Eliot. Cambridge, S. Green and M. Johnson. 1668.

4to.

« PreviousContinue »